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Chennai Madurai Court December 2016 Judgments

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Dec 21 2016

A. Mariappan and Another Vs. The Sub Inspector of Police, Virudhunagar ...

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the entire records relating to the impugned charge sheet in C.C.No.62 of 2009 on the file of Judicial Magistrate No.II, Virudhunagar and quash the same in so far as the petitioners herein are concerned.) 1. This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.62 of 2009 on the file of the learned Judicial Magistrate No.II, Virudhunagar. 2. The case of the prosecution is that A1 forged the document of the defacto complainant and executed sale deed in favour of the third parties. The petitioners arrayed as A2 and A3, who are the witnesses to the execution of the said document. Hence the complaint. 3. The learned counsel for the petitioners submitted that the land in S.No.172/5 measuring 1 acre 59 cents, situated at Pappakudi Village, Sathoor Taluk, Virudhunagar District, was sold by A1 to A4. It is the case of the defact...


Dec 21 2016

M. Geetha Vs. M/s. Indian Oil Corporation Ltd. Trichy and Another

Court: Chennai Madurai

Decided on: Dec-21-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation dated 23.10.2016 and confirm the award of LPG Distributorship for Kaniyalampatti (Karur).) 1. The petitioner seeks for a direction to the respondents to consider her representation, dated 23.10.2016, wherein and whereby she seeks confirmation of the award of LPG Distributorship for Kaniyalampatti (Karur). 2. According to the petitioner, such Distributorship has to be confirmed in her favour. 3. Needless to say that it is for the respondents to take a decision and issue appropriate orders based on the representation of the petitioner, dated 23.10.2016 on its own merits and in accordance with law. Therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner except by directing the respondents to consider the representation of the petitioner, dated 23.10.2016, and pass orders on the same ...


Dec 20 2016

K.P. Gopalan Vs. N. Nalina and Others

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decretal order, dated 15.07.2013, made in I.A.No.112 of 2012 in A.S.No.120 of 2006, on the file of the Additional Subordinate Court, Dindigul.) 1. This Civil Revision Petition has been filed against the fair and decretal order, dated 15.07.2013, made in I.A.No.112 of 2012 in A.S.No.120 of 2006, on the file of the Additional Subordinate Court, Dindigul. 2. Facts of the case:- (i) The petitioner is the plaintiff in the suit in O.S.No.302 of 2004 on the file of the Principal District Munsif Court, Dindigul and appellant in A.S.No.120 of 2006 on the file of the Subordinate Court, Dindigul. (ii) The petitioner filed the suit for specific performance of agreement of sale, dated 10.06.2000. (iii) The respondent filed written statement and resisted the same. (iv) The Trial Court framed necessary issues and after trial, dismissed the suit. (v) Against the said judgment and decree, dated 3...


Dec 20 2016

The United India Insurance Company, represented by its Branch Manager, ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer in C.M.A(MD)No.959 of 2014:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 30.11.2012 passed in M.C.O.P.No.91 of 2008, on the file of the Motor Accident Claims Tribunal, Sub-Court, Padmanabhapuram. in Cross OBJ(MD)NO.24 of 2014:- Cross Objection filed under Order 41 Rule 22 of Civil Procedure Code against the Judgment and Decree dated 30.11.2012 passed in M.C.O.P.No.91 of 2008, on the file of the Motor Accident Claims Tribunal, Sub-Court, Padmanabhapuram insofar as it is against the corss objectors is concerned.) Common Judgment: 1. The Civil Miscellaneous Appeal has been preferred by the appellant/Insurance Company against the award of Rs.8,82,000/- and also fixing the liability on the Insurance Company. 2. The Cross-Objection has been preferred by the legal heirs of the deceased Ashok Kumar, who died in the accident occurred on 30.03.2008. 3. The facts of the case are as follows: The deceased Ashok Kum...


Dec 20 2016

K. Vivekanandamoorthy Vs. State of Tamil Nadu, rep. by its Secretary t ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in the proceedings Letter No.C2/187/01 dated 26.02.2009 and quash the same as null and void and consequently direct the 1st and 2nd respondents to send the pension proposals to the 5th respondent to sanction the pension on the date of superannuation i.e. on 30.06.2010 to the petitioner.) 1. This writ petition has been filed by the writ petitioner for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 4th respondent in the proceedings Letter No.C2/187/01 dated 26.02.2009 and quash the same as null and void and consequently direct the 1st and 2nd respondents to send the pension proposals to the 5th respondent to sanction the pension on the date of superannuation i.e. on 30.06.2010 to the petitioner. 2. The case of the petitioner is that this petitioner was worked as an Assistant Directo...


Dec 20 2016

Y. Jeyachandra Sekhar Vs. R. Isaac Robi and Others

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India to stay the all proceedings in I.A.No.26 of 2016 in O.S.No.9 of 2016 on the file of the Principal Subordinate Court, Nagercoil, Kanyakumari District.) 1. This Civil Revision Petition is filed to stay the all proceedings in I.A.No.26 of 2016 in O.S.No.9 of 2016 on the file of the Principal Subordinate Court, Nagercoil at Kanyakumari District. 2. The petitioner is the third party to the suit in O.S.No.9 of 2016 on the file of the Principal Subordinate Court, Nagercoil, Kanyakumari District. 3. The first respondent filed a suit for declaration that the order setting aside the election held on 01.03.2015 to St. Paaul Church, Kodiyoor as per communication by 6th defendant in B/1455/ 2015, dated 29.10.2015 as illegal, void and non est and other consequential relief. He filed the suit in the representative capacity along with injunction application in I.A.No.26 of 2016. 4. According to the petitioner ...


Dec 20 2016

G. Dhivya Vs. The Commissioner, Madurai Corporation, Aringar Anna Mali ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider petitioner's representation dated 19.10.2016 and to take necessary steps to issue a certificate with regard to genuineness of the petitioner birth certificate registration No.332 registered on 27.07.1989.) 1. The petitioner is seeking for a Mandamus directing the respondents to consider her representation, dated 19.10.2016, and issue a certificate with regard to the genuineness of her birth certificate with registration No.332 registered on 27.07.1989. 2. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondents 1 and 2 and the learned Additional Government Pleader appearing for the respondents 3 and 4. 3. It is seen that the petitioner was given a birth certificate issued by the Executive Officer of Tirunagar Town Panchayat, Madurai, on 21.08.1989 certifying the date of birth as...


Dec 20 2016

A. Valliammai Vs. K.P. Murali and Others

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Appeal suit is filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 28.12.2006 made in O.S.No.21 of 2004 on the file of the Additional District Sessions Judge (Fast Track Court No.1), Tiruchirapalli.) P. Kalaiyarasan, J. 1. This appeal suit is directed against the judgment and decree of the Additional District Court (Fast Track Court No.1), Tiruchirappalli, dated 28.12.2006 in O.S.No.21 of 2014. 2. The second defendant has come forward with this appeal against the judgment and decree in suit for Specific Performance. The plaint averments are as follows: 2.1. One Ayyamperumal Konar had two wives by name Valliammai and Rajammal. Rajammal is now dead. Ayyamperumal Konar had no issues and he died on 03.11.1969 intestate. Valliammai, the second wife had been in possession of the suit property. She entered into a sale agreement with the first defendant on 26.05.1988, agreeing to sell 11 acres of land at the rate of Rs.2,95,000/- per acre, by rec...


Dec 20 2016

M. Ramar Vs. L. Subramanian, I.A.S., The District Collector, (The Chai ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Contempt Petition filed under Article 11 of Contempt of Courts Act, praying this Court to initiate contempt proceedings against the Contemnor/Respondent No.1 and punish him for the willful disobedience of the order of this Court in W.P.(MD). No.10381 of 2013 dated 04.06.2014.) 1. This contempt petition is filed complaining that the respondent has violated the order passed by this Court in W.P(MD)No.10381 of 2013, dated 04.06.2014. 2. This Court, in the above writ petition, set aside the impugned order of dismissal from service therein and remitted the matter back to the District Collector for taking disciplinary proceedings against the petitioner, afresh in accordance with law. 3. Today, when the matter is taken up for hearing, after notice, the learned Additional Government Pleader appearing for the respondent/contemnor submitted that fresh disciplinary proceedings have been initiated against the petitioner and order of dismissal also was once again issued on 03.09.2014. 4. T...


Dec 20 2016

M/s. Saraswathi Match Works Rep. by its Manager G.Sabapathi Madurai Di ...

Court: Chennai Madurai

Decided on: Dec-20-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari Mandamus, calling for the records relating to the impugned order made in A.P.No.7/12 dated 28.08.2012 on the file of the 1st respondent herein by confirming the order made in Second Appeal No:001/2011-12 in A.No.:1226/11 dated 30.12.2011 on the file of the 2nd respondent herein and confirming the order made in Lr.No.:AEE/D/T.KLPTY/F.DKT/D.No:625/10.11 Dt.27.12.2010 on the file of the 4th respondent and to quash the same.) 1. The petitioner has filed this writ petition for issuance of Writ of Certiorari or any other appropriate Writ, Order or Direction in the nature of writ of certiorari by calling for the records relating to the impugned order made in A.P.No:7/12 dated 28.08.2012 on the file of the 1st respondent by confirming the order made in Second Appeal No.001/2011-12 in A.No.1226/11 dated 30.12.2011 on the file of the 2nd respondent and confirming the orde...


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